Agency Information Collection Activities; Proposed Collection: Cargo Theft Incident Report, Revision of a Currently Approved Collection, Comments Requested, 36008-36009 [2012-14597]
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36008
Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices
S/A reiterated that a friend had given
him a couple of pills and that he was
just more relaxed after taking the drug,
and that he felt better after taking the
drug. Significantly, at no point during
the meeting did the S/A relate that he
had anxiety, and denied that anyone in
his family had anxiety.
Registrant then stated that he was
diagnosing the S/A with some sort of
general anxiety problem. However,
given that the S/A stated that he was
getting the pills from non-medical
sources, and that when asked to relate
his symptoms, simply stated that the
pills just made him relax and that he felt
better after taking the drug, I conclude
that substantial evidence supports a
finding that Registrant lacked a
legitimate medical purpose and violated
21 CFR 1306.04(a) when he prescribed
Xanax to the first S/A.6
Likewise, when asked to relate what
symptoms he wanted Registrant to help
him with, the second S/A stated that he
wasn’t doing badly but was doing ‘‘very
good’’ and that he actually wanted to get
some Xanax. When asked to explain
why, the S/A explained that the drug
made him feel good when he took it.
Subsequently, the second S/A made
clear that he had gotten Xanax off the
street and that the drug had never been
prescribed to him. Upon further
questioning by Registrant, the second S/
A again said that the drug made him feel
good and denied that he had any
problem sleeping. Moreover, when
asked whether taking Xanax helped him
relax and do his job better, the S/A said
that he did not know that he ‘‘could say
that’’ and later added that the drug just
made him ‘‘feel better in general.’’
Finally, after Registrant explained that
the S/A’s statement suggested that
taking the drug took ‘‘away some kind
of a tense, some kind of anxiety
feeling,’’ the S/A replied that ‘‘if we
have to say that, yes we can say that,’’
but that he was ‘‘doing very good in
everything.’’ Subsequently, Registrant
stated that the S/A’s presentation of his
reason for taking Xanax was ambiguous.
However, I conclude that there was
nothing ambiguous in the S/A’s
presentation because he never once
acknowledged being anxious, and
repeatedly denied having symptoms or
problems that would provide a medical
justification for prescribing the drug.
Indeed, whenever Registrant questioned
him, the S/A response was that he took
Xanax because it just made him feel
better. Accordingly, I conclude that
substantial evidence supports a finding
6 While I have considered the audio recordings
submitted in this matter, in future cases such
evidence must be accompanied by a transcript.
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that Registrant lacked a legitimate
medical purpose and violated 21 CFR
1306.04(a) when he prescribed Xanax to
the second S/A.
Registrant’s prescribing of Xanax to
the two S/As thus provides additional
support for my conclusion that he has
committed acts which render his
registration ‘‘inconsistent with the
public interest.’’ 21 U.S.C. 824(a)(4).
However, as explained above, the
findings of the MQAC are, by
themselves, more than adequate to reach
this conclusion and to support the
revocation of his registration.7
Sanction
Having found that Registrant lacks
state authority to dispense controlled
substances, and that he has committed
numerous acts which render his
registration inconsistent with the public
interest, I conclude that the Government
has made out a prima facie case for
revocation. Because Registrant failed to
request a hearing or to submit a written
statement in lieu of a hearing, and has
thus offered no evidence to rebut the
Government’s prima facie case, I will
order that his registration be revoked
and that any pending application be
denied.
Order
Pursuant to the authority vested in me
by 21 U.S.C. 823(f) and 824(a)(4), as
well as 28 CFR 0.100(b), I order that
DEA Certificate of Registration
BC1983659, issued to Patrick K. Chau,
M.D., be, and it hereby is, revoked. I
further order that any pending
application of Patrick K. Chau, M.D., to
renew or modify his registration, be, and
it hereby is, denied. This Order is
effective July 16, 2012.
Dated: June 5, 2012.
Michele M. Leonhart,
Administrator.
[FR Doc. 2012–14653 Filed 6–14–12; 8:45 am]
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7 It is acknowledged that there is no evidence that
Registrant has been convicted of an offense falling
within factor three. However, this is not dispositive
of the public interest inquiry. See MacKay, 664 F.3d
at 817–18 (quoting Dewey C. MacKay, 75 FR 49956,
49973 (2010)). I also deem it unnecessary to make
any findings under factor five.
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DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[OMB Number 1110–0048]
Agency Information Collection
Activities; Proposed Collection: Cargo
Theft Incident Report, Revision of a
Currently Approved Collection,
Comments Requested
30-Day notice of information
collection under review.
ACTION:
The Department of Justice, Federal
Bureau of Investigation, Criminal Justice
Information Services Division (CJIS)
will be submitting the following
Information Collection Request to the
Office of Management and Budget
(OMB) for review and clearance in
accordance with the established review
procedures of the Paperwork Reduction
Act of 1995. The proposed information
collection is published to obtain
comments from the public and affected
agencies. This proposed information
collection was previously published in
the Federal Register Number 72,
Volume 77, on page 22348, on April 12,
2012, allowing for a 60 day comment
period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until July 16, 2012. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to Mr. Gregory E.
Scarbro, Unit Chief, Federal Bureau of
Investigation, CJIS Division, Module E–
3, 1000 Custer Hollow Road, Clarksburg,
West Virginia 26306; facsimile (304)
625–3566.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Comments
should address one or more of the
following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
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Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Notices
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques of
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of information collection:
Revision of a currently approved
collection.
(2) The title of the form/collection:
Cargo Theft Incident Report.
(3) The agency form number, if any,
and the applicable component of the
department sponsoring the collection:
Form Number: None.
Sponsor: Criminal Justice Information
Services Division, Federal Bureau of
Investigation, Department of Justice.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: City, county, state,
federal, and tribal law enforcement
agencies. Brief Abstract: This collection
is needed to collect information on
cargo theft incidents committed
throughout the United States.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: There are approximately
18,108 law enforcement agency
respondents that submit monthly for a
total of 217,296 responses with an
estimated response time of 5 minutes
per response.
(6) An estimate of the total public
burden (in hours) associated with this
collection: There are approximately
18,108 hours, annual burden, associated
with this information collection.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, Policy and Planning
Staff, Justice Management Division,
United States Department of Justice,
Two Constitution Square, 145 N Street
NE., Room 2E–508, Washington, DC
20530.
srobinson on DSK4SPTVN1PROD with NOTICES
Jerri Murray,
Department Clearance Officer, PRA, United
States Department of Justice.
[FR Doc. 2012–14597 Filed 6–14–12; 8:45 am]
BILLING CODE 4410–02–P
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permitting electronic submission of
responses.
DEPARTMENT OF JUSTICE
Office of Justice Programs
[OMB Number 1121–0115]
Agency Information Collection
Activities: Proposed Collection;
Comments Requested: Extension of a
Currently Approved Collection; Victims
of Crime Act, Crime Victim Assistance
Grant Program, State Performance
Report
ACTION:
60-Day Notice.
Department of Justice (DOJ), Office of
Justice Programs (OJP), Office for
Victims of Crime (OVC) will be
submitting the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the Paperwork Reduction Act of 1995.
The proposed information collection is
published to obtain comments from the
public and affected agencies. Comments
are encouraged and will be accepted for
‘‘sixty days’’ until August 14, 2012. This
process is conducted in accordance with
5 CFR 1320.10.
If you have comments especially on
the estimated public burden or
associated response time, suggestions,
or need a copy of the proposed
information collection instrument with
instructions or additional information,
please contact DeLano Foster 202–616–
3612, Office for Victims of Crime, Office
of Justice Programs, U.S. Department of
Justice, 810 7th Street NW., Washington,
DC 20531.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
—Evaluate the accuracy of the agencies
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
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Fmt 4703
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36009
Overview of This Information
Collection
(1) Type of Information Collection:
Extension of a currently approved
collection.
(2) Title of the Form/Collection:
Victims of Crime Act, Victim Assistance
Grant Program, State Performance
Report.
(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: Form number: 1121–0115.
Office for Victims of Crime, Office of
Justice Programs, U.S. Department of
Justice.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: State government.
Other: None. The VOCA, Crime Victim
Assistance Grant Program, State
Performance Report is a required annual
submission by state grantees to report to
the Office for Victims of Crime (OVC) on
the uses and effects VOCA victim
assistance grant funds have had on
services to crime victims in the State, to
certify compliance with the eligibility
requirement of VOCA, and to provide a
summary of supported activities carried
out within the State during the grant
period. This information will be
aggregated and serve as supporting
documentation for the Director’s
biennial report to the President and to
the Congress on the effectiveness of the
activities supported by these grants.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The information to compile
these reports will be drawn from victim
assistance program data to the 56
respondents (grantees). The number of
victim assistance programs varies
widely from state to state. A state could
be responsible for compiling subgrant
data for as many as 436 programs
(California) to as few as 12 programs
(District of Columbia). Therefore, the
estimated clerical hours can range from
1 to 70 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The current estimated
burden is 1,176 (20 hours per
respondent (estimate median) + 1 hour
per respondent for recordkeeping × 56
respondents = 1,176 hours). There is a
decrease in the annual recordkeeping
and reporting burden. This decrease is
a result of a change in the number of
respondents reporting.
If additional information is required
contact: Jerri Murray, Department
Clearance Officer, United States
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Agencies
[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Notices]
[Pages 36008-36009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14597]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
[OMB Number 1110-0048]
Agency Information Collection Activities; Proposed Collection:
Cargo Theft Incident Report, Revision of a Currently Approved
Collection, Comments Requested
ACTION: 30-Day notice of information collection under review.
-----------------------------------------------------------------------
The Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Division (CJIS) will be
submitting the following Information Collection Request to the Office
of Management and Budget (OMB) for review and clearance in accordance
with the established review procedures of the Paperwork Reduction Act
of 1995. The proposed information collection is published to obtain
comments from the public and affected agencies. This proposed
information collection was previously published in the Federal Register
Number 72, Volume 77, on page 22348, on April 12, 2012, allowing for a
60 day comment period.
The purpose of this notice is to allow for an additional 30 days
for public comment until July 16, 2012. This process is conducted in
accordance with 5 CFR 1320.10.
Written comments and/or suggestions regarding the items contained
in this notice, especially the estimated public burden and associated
response time, should be directed to Mr. Gregory E. Scarbro, Unit
Chief, Federal Bureau of Investigation, CJIS Division, Module E-3, 1000
Custer Hollow Road, Clarksburg, West Virginia 26306; facsimile (304)
625-3566.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information are
encouraged. Comments should address one or more of the following four
points:
(1) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who
[[Page 36009]]
are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques of
other forms of information technology, e.g., permitting electronic
submission of responses.
Overview of This Information Collection
(1) Type of information collection: Revision of a currently
approved collection.
(2) The title of the form/collection: Cargo Theft Incident Report.
(3) The agency form number, if any, and the applicable component of
the department sponsoring the collection: Form Number: None.
Sponsor: Criminal Justice Information Services Division, Federal
Bureau of Investigation, Department of Justice.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: City, county, state, federal, and
tribal law enforcement agencies. Brief Abstract: This collection is
needed to collect information on cargo theft incidents committed
throughout the United States.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: There are
approximately 18,108 law enforcement agency respondents that submit
monthly for a total of 217,296 responses with an estimated response
time of 5 minutes per response.
(6) An estimate of the total public burden (in hours) associated
with this collection: There are approximately 18,108 hours, annual
burden, associated with this information collection.
If additional information is required contact: Jerri Murray,
Department Clearance Officer, Policy and Planning Staff, Justice
Management Division, United States Department of Justice, Two
Constitution Square, 145 N Street NE., Room 2E-508, Washington, DC
20530.
Jerri Murray,
Department Clearance Officer, PRA, United States Department of Justice.
[FR Doc. 2012-14597 Filed 6-14-12; 8:45 am]
BILLING CODE 4410-02-P